Opinion
No. 10-09-00116-CR
Order issued and filed March 16, 2011. DO NOT PUBLISH.
Appealed from the 18th District Court, Johnson County, Texas, Trial Court No. F41868.
Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.
ORDER
Glen Ray Kelly, although represented by counsel, has filed a motion for rehearing. In his motion for rehearing, he complains of the Court's order refusing to fully address the merits of the issues he raised in his brief in addition to the issue raised by appointed counsel. We first note that while Kelly complains he was not served with a copy of counsel's brief or the State's brief, he has not served the motion for rehearing on either his counsel or the State. See TEX. R. APP. P. 9.5. Regardless of this procedural omission, Kelly is not entitled to hybrid representation. Ex parte Taylor, 36 S.W.3d 883, 887 (Tex. Crim. App. 2001); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.-Waco 2000, pet. ref'd). Accordingly, Kelly's motion is stricken. Kelly's petition to the Court of Criminal appeals for discretionary review, if any, is due March 18, 2011. Such a petition may be filed by Kelly acting as his own counsel and should be filed with this Court with appropriate service on the State. See TEX. R. APP. P. 48.4, 68.2, 68.3. A motion for extension of time to file the petition should be filed with the Court of Criminal Appeals by the date the petition is due. See id. at 68.2(c).